Meal and Rest Breaks
(Weekly- and Hourly-Paid Staff Members Only)
This policy applies to weekly and hourly-paid staff members only.
This policy applies to all non-exempt weekly and hourly-paid staff members whose employment status is regular full-time, regular part-time, limited service, or temporary.
Staff members who are at least 18 years of age are not required by law to receive breaks during their workday. Staff members who are minors (ages 14-17) must receive a 30-minute break if they work for five (5) or more consecutive hours.
Staff members are advised by their supervisor about whether breaks will be provided, the length of any breaks and when breaks should be taken.
If a break is provided for lunch or another meal, the meal break will be unpaid, provided it is at least 30 consecutive minutes in length. Staff members may not perform any work during an unpaid meal break.
- If a staff member is provided a 30-minute meal break and the staff member performs any work during the meal break, the staff member will be paid for the entire 30 minutes.
- If a staff member’s meal break is more than 30 minutes and he or she performs some work during the meal break but is able to enjoy 30 consecutive minutes of non-work time, then the 30 or more minutes of consecutive non-work time will be unpaid, but the rest of the time will be paid.
Staff members may not work during their meal break unless the work is authorized in advance by the staff member’s supervisor. Staff members will be paid for such work time and are responsible for ensuring that this work time is properly recorded as such on their timesheet. If a staff member works during an unpaid meal break without prior authorization, the staff member will be paid for this work time but may be subject to discipline.
If short breaks are provided, these breaks will be paid. Typically, short breaks last 5 to 20 minutes. Where a break lasts at least 30 minutes, the time may be unpaid.
No additional pay will be provided for paid breaks that are not taken – for example only, because the staff member declines to take the break or the supervisor requires the employee to work through the break for business reasons. Further, paid or unpaid breaks not taken cannot be accumulated or used to extend another break or to leave early.
When recording hours worked on their timesheets, staff members should include as hours worked any breaks lasting less than 30 minutes. Meal and other breaks that are at least 30 consecutive minutes are not considered hours worked and should not be included as hours worked on staff member timesheets.
Policy Number: 309
Effective Date: 01/23/2015
Supersedes Policy Number(s): N/A
Applicability: All Non-Exempt, Non-Unionized Staff Members